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Shri.Krishnabai Ghat Trust,, Satara vs Income-Tax Officer,(Exemptions), ... on 3 May, 2019 cites

Commissioner Of Income Tax ... vs M/S Shree Shyam Mandir Committee on 23 April, 2018

8. At this juncture, it would be pertinent to note that the main object of proviso to section 12A(2) is to liberally grant the benefit of registration when the trust is otherwise engaged in genuine charitable activities and the registration has been actually granted albeit after the close of the relevant period. Purpose of this proviso is to benefit assessees in the given circumstances subject to the fulfillment of other conditions. In such a situation, the object of the proviso is furthered if its benefit is made available to the extended assessment proceedings, being, the proceedings before CIT(A). As at the time of granting registration by the ld. CIT (Exemptions) to the assessee, the appeal of the assessee was pending before the ld. CIT(A), in my considered opinion, the benefit of first proviso to section 12A(2) ought to have been granted. My view is fortified 8 ITA No.44/PUN/2019 Shri Krishnabai Ghat Trust by the judgment of Hon'ble Rajasthan High Court in CIT (Exemptions) Vs. Shree Shyam Mandir Committee (2018) 400 ITR 466 (Raj.) in which it has been held that "an assessment proceedings which is pending in appeal before the appellate authority should be deemed to be "assessment proceedings pending before the AO." within the meaning of the term as envisaged under the proviso. It follows there from that the assessee which obtained registration u/s.12AA of the Act during the pending of appeal was entitled for exemption claimed u/s.11 of the Act". The additional ground thus raised is allowed by holding that the assessee would be entitled to exemption u/ss. 11 and 12 of the Act for the year under consideration on the raison d'etre that the registration was, in fact, granted to the assessee u/s.12AA during the pendency of proceedings before the ld. CIT(A).
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